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2025 DAILYLAW 175154 (ALL)

GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/13203/2024 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13203 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.287 of 2024 under sections 376, 323, 506 IPC and section 3/4 POCSO Act, and section 3(1)(Da), 3 (2)5, 3(2)5a SC/ST Act, P.S. Kheri, District Kheri. 3. In terms of the FIR, it was alleged that the informant was aged about 17 years and the applicant had misbehaved with her, however, no allegation of rape were levelled. Subsequently in the statement under section 164 Cr.P.C., for the first time, the allegation of rape were also levelled. The medical on record does not corroborate the allegations. 4. Considering the medical on record and the huge variance in the two statements, the applicant who is in custody since 09.10.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Guddu be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri, Bhupendra Veer Singh, Mohd. Ashraf Siddiqui, Pawan Kumar Maurya, Siddhant Singh Counsel for Opposite Party(s) : G.A. Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 29, 2025 VNP/- BAIL No. 13203 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench